The Sun. — London, England, 1826-08-14 00:00:00

I^.t , st L~-.. a '"y VICTUALLING OFFICE, JULY 5, 1826. T . HE - cOpiiiiisiioner id) - 1: s for Viquta - 10 IVia , jcitys Navy, 4 ~.0.9J,i„1,, .. ,giv,,.§„.e,u :ii: t ~,.., 'Fuxin Ai, the 1 2th of Septembetzext, -they, will. be etaily.. , t4 receive Tin4iti in writing (sealed up), •and..treaf Tor , the Btiliply, on separate Contracts, oteuelttinantielea of, IRISH BEWSfid PORK, iis may be denumded for the use of his slajestyri Troops at - Gibraltar, - Oretutda, .. Antigua, . . - Tobago . , Barbadoes, Trinidad l • Berbicei r , St. Lucia, . Dominica, . St. Kitts, and Demerara, St. • Vincent.. For Twelve months certain from the 24th of. Julie, 1827, aggr egate amount of wh i ch is estimated at about 4,500 Tierces of 1 Beef, aud 4,500 . Tierces of Pork. the The conditions of the Contracts may be seen at this Office, or by applying to Alr. .1. W. Dunsterville, Agent for the Victualling at Cork. -- Each Tender must lopecify the price in words At length, and be delivered to the board before One o'Clock on the day ap pointed; an d most be accompanied by a letter signed by two re sponsible Persons engaging to become bound with the Party ten dering, in the penal sum of one4hird of the amount of the Con tract for the due performance of the smile. The Person who makes the Tender, or some Person on his b ehalf, mutt attend to answer when called for. M. WALLER CLIFTON. VICTUALLING OFFICE, JULY 5,'.1826. THE Commissioners for Victualling his Majesty's Neey i. •&e. do hereby give Notice, • that on TUESDAY, the 116th of September next, they will be ready to receive Tenders in writing (sealed up), and treat for the Supply to this Depart ment of a quantity of Irish Salt Meat,. equal-to 4,000 Navy Tierces of BEEF, and 6,000 Navy Tierces of PORK, all to be cured in the ensuing season, and to be delivered four-fifth parts thereof in Tierces, and the remaining fifth part- in Barrel% into Lis Majesty's Victualling Stores at Deptf u rtl, Portsmouth, • and Plymouth, in such proportions as shall hereafter he required, one-half thereof on or before the 28th day of Yebiitary, and the 'Other half on or before the 31st day of May, 1827. In the event, however, :of theAloard not .accepting any of the Vera which they may receive nu the 12th of September, (in pursuance of another Advertisement of this date), for the supply of Salt Meat at Gibraltar avid the West India Islands and Colo n* the further quantities of 4,500 Tierces of Beef, and 4,500 Tierces of Pork, will be required for (lelivery . at Deptford, and in that case may be tendered for on the 26th, with the quantities ab ove -mentioned, The to be paid ,for , as usual by. Bill* without Interest, payable at 60 days atter date. The conditions of the Contracts may be seen at this office. or by applying to Mr..T. W. Dunsterville, Agent for the Victualling at Cork; to the Collectors of his Majesty's Customs at Limerick, Be lfast, Newry,. and Waterford; and to the Secretary to the P ostmaster-General at Dublin, respectively. No Tender for a leis quantity than shall be equal to Three Hundred Tierces of Beef, or Three Hundred Tierces of. Pork, 'will be admitted; and each Tender must, specify the Price in wards at length, and he. delivered to the Board before. One o'Clock 01 1 th e day appointed, and must be accompanied by a letter signed by two responsible . persons, engaging to become bound with the party tendering, in the penal sum olone-third.of the amount of the Contract, for the due performance of the same. The person wh o mak e s th e T e nd er , or some person on his be half, must attend, to answer when called. for. M. WALLER CLIFTON. DEPTFORD VICTUALLING YARD, JOLT 29. THESE are to give Notice, that on TtittnsvAY, the 17th of Next Month, at Ten o'Clock in the Fore noon, will be put up to PUBLIC SALE, at His Majesty's Vie t4liing Yard at Deptford, sundry Lots of the following UN eERVICEABLE STORES, now lying . in the said Yard, vit. : Bread,. Bread - Dust, Flour, Flour Sweepings, Pease, Pease : r reeningr, Oatmeal, Bakehouse Sweepings, Preserved Meats, Raisin s , and R ags , C ocoa B ags , B u tte r , Che ese , B ee f, P or k, S uet , 4 „nieins, Sugar, and Vinegar. Stavei—Leager, Butt, Punchetin, nogelie a d, Barrel, Kilderkin, Irish 'fierce and Barrel. Head -14--Wine Pipes, Irish Tierces and Barrels ; Board and Scant ling, &e. ; a quantity 'of Fire-wood. Deposit of 25/. per cent. is to he made (in Cash, or Notes of th e %ilea England) upon the amount of each Lot it the rhos of Sale, and the Remainder of the Purchase-money to be P a id before the Stores are removed; for which purpose a period P outteen Woiking Days will be allowed from the Day of Sale; th e Buy ers particularly observing, that not less than one-half of t he quantity is to be taken away in the First S e ven D a y s , an d s: r emainder in the seven following day s ; oth erw i se th e Depo of t w neYwill be forfeited, and the St ores rema i n t h e property h e n ..-rusru, as no extension of time will, on any account, be Pant e d. • • no Stores may be ,viewed during th e W or ki ng H ours o f t h e Yard on the thrion , days immediately preceding the day of sale. Catalotoes,roiy.bur bid on application at the said Yard. JOHN HILL, Comptroller. ATLAS ASSURANCE- OFFICE, CHRAPSIIDI, JULY 31, 1826. NOTICE is hereby given, that the DIVIDEND of Ten per Cent. for the year ending at Christmas 1825, arsit 'eci-at the list Annual General Court of Proprietors, on the subic'ribed, is now payable to Proprietors,- or to their order, at the Office between the hours of Ten and Three. HENRY DESBOROUGH, Juu. Secretary. THE ARMY. __-_.... . .."ekachMent e o f recruits , arrived i n t own. on Saturday, .from Brutal, en route to join their respective corps and depots. ceive A detaeluneut belougiu g t o t h e Ist (Royal) Regt. of Pout, has re d orders to *tuba/Icon board a veesel in the River, for Scotland. A 'lets-41140t belonging, to the Stith Regt. of Infaritry embarked ou board a canal boat, at Paddington, for Manchester, on SaturdaY. A detachment belonging tothe tiOth Regiment of Foot embarked on board a canal boat, at Paddington, for Liverpool, ou Saturday. , A detachment of the liSd Regiment of Infantry embarked on 'ooard.a canal boat, at Paddington, for Stockport. The omen s of the 86th (Royal County Down) Regiment of Poot, , Kaye, On. the • Ist iast. at Buttevant, 4 farewell din ner t o t heir late worthy, Commanding Officer, Lieutens.nt-CoL Johnson. The enthusiastic manner in which his health was drunk, end in which the party received every allusion to his unremitting vides .rgurcto advance the discipline; and promote the comfort of the e4 l Ol during the whole period of his command, must have been Pi:toll01y g ra tifyi ng to. his• feelings, and could not fail to assure Pita fitat all his brother officers regret unfeignedly that family all shonld have compelled him to retire, and that his u H4r nory will h e ' nog an d f on dl y cherished by all who have served under him. The treat day the. Lietitenant--Colonel took leave of the regi, ulent,on parade; and, at the close of an enimated and soldier-like ~..,1 1 S tir elli was cheered by the battalion throogh the town to his car "Pi se the last proof they had in their power to give him of their 4 „,, e ,jurtent and regard. I:7"„ 4 "ripeatcd cheers, of the men and Wirers on this occasion ,have gone home to his heart, and admiuistered some conse -1:104 for the grief with which be was evidently so deeply nu , on at ttking his departure from then). He will enjoy the tririeurl.satisfactio-n of carrying , with them, wherever he may go, d Ilitlit with** of every individual of the corps for his happiness 44 iPsPerity. p - 4Jor-General, Sir Henry Torrens, Adjutent-General • to the t iZetli.„ .. accompanied by Major-General Sir James Lyon, inspected 0 l'ourthi or the King's own Regiment, at Winchester, on the 4.:.iNt., "h. ,'M j hid performed a variety of evolutions,' the i lt (i " er al erPreatett himself highly pleased with the general prei„_flfe) cleanliness, end discipline of the regiment.-li e d e.. 11,411" o In particularly gratified at the very correct itn able, 4 er In Which the different manieuvres were performed. - „, 1.!„ , - " No. 10,584. ASSIZE INTELLIGENCE. GLOUCESTER, FRIDAY / Auc. 11. CHAILOK IDIOT THIC KING v. SMITH AND OTNERK. , . This case is a repetition, with a mere variation and trans position of some of the names, of the question which has already occupied so many days of the Court during this assize, involving the conduct of the family of 'Mr. Smith, of Muckleston-wood, in the county of Stafford, towards one of its members, George Smith, an The two former causes were tried before common juries, the present by a special jury, nine of whom were in attend ance, and the remaining three were supplied bye tales. Mr. RUSSELL read the declaration, from which it al, peered that - this was an indictment against William and Thomas and Sarah Smith, for a conspiracy, to beat, injure, and otherwise maltreat their brother George Smith, au idot, intrusted to their care, by committing upon him seve ral assaults, by Confiding him in a dark hole, and in an un wholesome room, by cruelly neglecting and refusing him Ihe necessary supply of clothing eta victuals to preserve healtdi_and support nature; bi'vehich 4 assaulta 'and negfeek he had lost 'the use of his limbs, and become crippled and distorted. The defendants pleaded the general issue. Mr. TAUNTON, in stating the case to the jury, impress ed upon them th e great importance of t h e inquiry, and the imperative necessity of divestiug their minds of any pre vious rumours which might have crept into them, and of confining their attention alone to the evidence which would be laid before them in the present cause. He then went over in detail the nature of the charge exactly as it was disclosed in the repeated statements of the two preceding causes, the confinement and alleged neglect of the poor idiot, his forlorn condition, unassisted infirmities, his early bodily health, his later loss of the use of his limbs--a change ascribed to his neglect and ill-treatment, and the great alteratio» for the better, in the entire cessation of his fits, and improved state of his health, since he was removed to the Stafford Lunatic Asylum. With respect to the law of the . case, Mr. Taunton observed, that tti support this indictment, it was unnecessary to prove an actual beating or striking of this poor. idiot, it was enough to show general maltreatment, which implied what the law deemed to be an assault. He enforced this definition and construction of law, by Owing from Mr. Russell's book, which was authority, the dictum 'of Mr. Justice Lawrence at the Lent assizes for Shropshire in 1811,.. who had laid it down that there might be an assault by exposure to in element weather, where a mistress withheld from a servint she was bound to support, su ffi cient nourish men t, and refused to permit the proper exercise which the stability of good. health required. Tho case would be found in 2d Campbell, 650 and 653. He next proceeded to state the alleged facts of the case in the order in which they have been developed in the two last causes. That this idiot had been bereft of reason from his birth, that at no period had he been able to take due care of himself,l that the rays of reason had very feebly penetrated his mind at any time, and that at his father's death, the family were left SW. a year for his maintenance, payable out of an estate, which, upon his death, was devised to the other members of the family. The learned counsel then narrated the visit of the Rev, Mr. Broughton, a Magistrate, with Mr. 'End, and the constable, on the 25th of January last, i n c o nsequence of certain informatio n which he had received of the condi tion in which, according to their statement, they had found this . unfortunate person; and' the imperative necessity they immediately felt of causing his removal to the Staf ford Lunatic Asyltun, where his general health had since improved, and his fits ceased. This criminal prosecution had been, he said, directed by the magistrates of the county of Stafford. Mr. CAMPBELL interrupted . Mr, Taunton, and com plained of his describing the prosecutors. Mr. TAUNTON insisted he was regular in doing so, it being important to the Jury to know who it wart that brought such a charge before them. He concluded by a strong appeal to thi s Jury upon the nat ure of t h e ease, an d arraigned in s evere terms t h e condoct of the family to r this idiot. The evidence afterwards given was ,precisely the same as that heard on the other trials. Samuel Harding, John Goodall, and J am e s B ar b er, deposed again to the good bodily health of George Smith 26 years ago ; Thomas Bid, Esq., described, as before, the manner in which he and the Rev, Mr. Broughton found the idiot. In his cross examination, he said, that he might be liable to pay his share of the costs of this prosecution, and , so might the Stafford Asylum ; but he could not positively say it would so happen; An action had' certainly been brought against him, before the present prosecution was instituted, by Mr. Win. Smith, for entering his house and taking away the idiot. Proof was also liven that this prosecution was con ducted, not by Mr.. Bird, (one of the former defendants, achad been insinuated by Mr. Campbell), but by Mr. Keene, the clerk of the peace for the co un ty o f S ta f f ord, and by order of the v isiting Magistrates of the Asyliim. The, Rty. Mr. Broughton also repeated his deposition res p ec ting the state in whi c h h e f oun d t h e idiot, and ex pressed how. much he , was sh oc k e d a n d i nd i gnant at it, adding, however , to hii former evidence, that Miss Smith had said her brother had lain 14 years in that state; and his reply, that he thought it, the most inhuman treatment ever experienced by a human creature. He told her he should deem it necessary to have hi m r emoved to the Lunatic Asylum; - when she answered, " You a re we l come to remove him wherever you please." 'Poison, the eon:. stable, also repeated his former evidence. Mr. Garrett, of the Lunatic Asylum, delivered the same testimony us be fore of the state and condition of George Smith, since he first saw him. Mr. Garrett (of the Stafford Asylum), and his keepers, spoke again of George Smith's improved health of late, and of the noxious condition . in which he had mi tered ; and the medical gentlemen (Messrs. Knight, Dent; Hawthorn, mid Hodgeon). severally repeated their profes sional opinions respecting the infirmities and neglect of the idiot, and the fracture of his thigh, in the same terms as they had used on the two preceding trials. Mr. Stanley, an attorney from Market-Drayton, proved the .will of , 1 * s ane gmith,•the father in which he had be- i queathed 50/. a year to the use of the idiot, with a rever sion to hi s surviving brothers on his (the idiot's) decease. Mr. T AUNTON said, that was his case. Mr. Justice Buttßouoii remarked, that ,he feared this case could be carried no farther, for it had not been made to appear on . the part of the ' duty what inprosecutors, that any ever had been t eg o y a take iposed on the defendants to care of the idiot. The person, indeed, against w h om . such a custody could be f or a moment presumed or im plied, was the brother %noir the owner of the house; but as touching him, there ani '. him personally not a scintilla of evidence in the cause to connect P with these allega tions. They must sho w that the re defendants; a legal responsibi.. no y to be lit devolving upon sonic ' of the who were t . put upon the same footin g servants of an asylum, cha rge d w i th as the keepers and ithe care of sufferers of this deacription. Mr. TAUNTON submitted, that ' imam s .. the will out of MONDAY EVENiNG, AUGUST 14, 1826. ''o. ' ,'', '' •;, :- .. .4 - ';.-- '; i .'• ' IY. 3 . - • .1, i , ...t. ; si ,; .. .1.,.. ,.„... , L, , ii . . ,' . , 4.,. . „. , , , •igt, .4 4 t- ~.,. - • ... I N A k i ip is -;";,_ ' ' __ ' 40C ` ~ -,-- - • , - ' -,,, c4 ~ c , .,0 :4 .7 . ' ,- ' ',.. . ' '. ' ' 4 k,:; ''' , 4 ...,.: „ „., t , • 41, .; I -0* D o w 1 ) t 2, - .1., ',,iw r ' . • ~.,..0 0 ' IN. A O ) 1 ) the can, there was still a sufficient obligation imposed upon.the brother. This unfortunate George Smith was quite helpless for a great number of years ; he had lost the power of loco-motion; he was locked up an inmate in this brother's house; he could not have got there without being conveyed by this brother's family, and under inch circumstances, the law would surely east a responsibility upon those Who had possession of the idiot. Mr. CAMPBELL said he ulna to have interposed this objection, had not the Learned Judge anticipated, and to have fortified it by the necessary authorities. There was the case of " the King v. Ridl e y; , exact l y i n point; it was tried before Mr. Justice Lawrence at Shrewsbury. This Mrs.' Ridley was charged with unlawfully intending to injure one Elizabeth William - a, a servant of hers, by exposing her to severe cold and inclement weather, and not finding her sufficient foOd and raiment; but because the indictment did not allege she was a child of tender years, and under the dominion and controul of Mrs. Ridley, (though tbe, faet was so), the Learned Judge held it to he invalid. Now, in the present case, it was alleged, that the defend sots had heretofore, to wit, on the Ist of January, 1826, to the 25th of the tame month, maliciously done so and so, intending to hurt and inj ure a certa i n idi o t under, their care, custody, and controul, and thus did did make divers assaults, and so forth, upon hiM. It had' not bean attempted to support these allegations by proof of such assaults, nor was it shown that the idiot was, in terms of law, under their controul and custody.— there was no relationship of parties made out, that constituted such a responsibility;, they, were not master and servant, parent and child; the only relationship was that of frit, ternity, and that kindred of blood could not be drawn in aid of what must be considered only as a moral, not a legal, obligation. It would not be sufficient, under such a charge as this, to charge against a person mere nonlairance —but there must be clear acts of mallaisanee, and these done too by parties who had a legal obligation to fulfil.— If the unfortunate person had been a lunatic, and these relatives his committee, then a responsibility wou ld ar i se , but ther e was even to his hour no committee appointed for his custody. Mr. WDATRLEV and Mr. TALFOURD followed Mr. CADDSSELL in support of his legal objection. Mr. TAUNTON, in reply, submitted that in a case of such extraordinary importance, and where the "objection had originated with the Court, he really could not conceive that the learned Jude would think it necessary to inter rupt the course of this most serious inquiry at the present stage' of the proceeding, but would reserve such a point as this for the deliberate consideration of the courts above. Speaking most certainly, he saw nothing insuperable in the point whi c h h a d b een ra i se d. Here the idiot had been conveyed by the family to this house. The family kept him there, helpless and incapable of stirring; lie was to all intents and purposes under their custody and control ; at. all events, that resolved itself into a question of fact for the consideration of a jury. As to the legal import of the terni"" assault," it was not necessary to prove in such as this, the actual infliction of blows at particular times,—it was enough to show the generallearing of the ill-treat ment. About the meaning of non:faisance and ma!- faisance, surely his learned friend did not forget the cele brated case of the Squires. Charles Squire and Mary his wife, were indicted for cruelty to an apprentice, by not giving her sufficient food. All the forms of assault were used in that indictment ;_ the wife was acquitted, because of her acting under the supposed influence of her husband, but the latter Was found guilty of murder, and hanged, for this Crime.. He was only anxious to discuss the point that the crime could be as effectually implied, from omiesion; as from, commission, in eases of cruelty., Mr. RUSSELL followed on the same aide, tnd Mr. CAmi). BELL rejoined. Mr. Justice BURROUGH was clearly of opinion, that he could not let the ease go to the jury in the shape in which it was left by, the prosecutors. The defendants were not assuredly liable by law upon the statement given in evi flenc'e. This idiot was not their prisoner; 'he was not under restraint except from natural infirmities, 'and his room was not otherwise a place of confinement. The casebore no resem blance in principle to that of starving the apprentice, for there existed a legal responsibility. No such obligation was proved to exist here. He suspected at first that the case would break down upon this point, b u t ,he hu ng on an ex pectation that. something would arise upon the terms of the will„ that migi t be construed into an obligation.; h owever , whet the wappeared, it only disclosed a trust to see 50/. a-year paid for the support of the idiot. Under these circumstances, how could he tell the jury that there was a ease, for their consideration, in the absence of all compli ance with the requisite legal proofs? If the case could be put into the form of a special verdict, he should so di resit it with all his heart, but that was impossible. Mr. TAUNTON, with all deference, begged his Lordship to recollect that it ! was in proof that Mi. Smith was the owner of the house in which these occurrences had taken place, and a constant resident therein, overlooking all the domestic arrangements. H e ca ll e d his Lordship's atten tion to this, with reference to ulterior proceedings 'else where. Mr. Justice Bunnotinit said he had made a note of that ownership, but it did not appear that he had any where personally interfered in these transactions. An acquittal of the defendants wus then directed by the Court. The case lasted from nine o'clock on Saturday until five o'clock in the evening. Nine causes still remain to be tried at the civil side, two of which are of public interest. SATURDAY, AUG. 12 At the sitting of the Court this morning, Mr. WATSON i rose for the purpose of defending the dignty of legal pro ceedings,. and informed the learned Judge (Mr. Justice BURROUGH) i that a Mr. Harmer, jun. (no relation what ever of Mr. Harmer, of London), had been most grossly insUlted in the immediate precincts of the Court, late yes terday evening. The learned Counsiel yubtnitted that his Lordship' ought to take cognizance of it. Mr. Justice BURROUGII suggested, that the most effec tual manner of proceeding against the defendants would be by indictment. The suggestion of his Lordship was immediately acqui esced in. THE KING V. DAVID NEWMAN, E$Q. JOHN AVERY, ESQ. Gro, IMMARDS, KSQ. AND WM. VILOVIKAISS, A SOT. ThiS was an indiCttnent against the defendants, con taining counts for conspiracy, riot, and assault, and letting off iire-works. The defendant, Newman, alone was found guilty, sub ject to the opinion of the Court of King's Bench upon a special verdict, as follow,:--" Guilty of . letting off fire works, but not of the riot." rested in it WAS an acti on o f The Assizes h ere concluded t hi s night it little befo re twelve o'clock. Th e cense wh i c h d e l a y e d all parties r o te: ejectment,of no p u bli c interest. WELLS,.FiU DA y, AUGUST 1 1. CitOWN siDt. Samuel Gilbert, a robust-looking fellow, aged Is wsis Charlotte Smith, with int ent to r iv i i scht ed her fo . r assaulting Charlotte Smith, the prosecurris, a young woman of a 'slight, genteel aPPeatranee, described herself to b e 23 }wars 46,, ,A 'N\ _ , .., , ~..--,, PRICE 7D. of age. Her father, she said, was a clothier, residing near Fromc On the 26th of November hist She went to the fair at that place, in order to induce her younger hrothers, lads of eighteen and seVenteen, to come'heme. She saw them at a public-house; the prisoner was tliere. They pro mised to come. She called at the house of a cousin, and took a , little , cider. In her way home, at about nine o'Clock, she was overtaken by the prisoner, who accosted her very ciVilly; and asked her to walk in his diree tien, and call and see an aunt of his. She,. believing he meant no harm, agreed to do . so. When they arrived at an unfrequented part of the road, he began to take liberties with her, at which she exp resse d 114 resentment, and ask ed if he knew who 'she was. He said " Yes; she was Mr. Smith's danghter, but he cared not a d—n who she was." He threw her down : she screamed out. He took her by the throat, and stopped her altnoit to choking„ A man, named Chilcot, passed by, and called out " folios." The palmier repeated " Holloa." Chile& said, "'ls there any one there but yourself?" (He could not then see the prosecutrix.) The' prisoner said "No ;" but Chileot then saw there was a woman, and he said, " Why', you villain, you have got a woman there ; are you going to mur der her ?" , The prisoner said, " yon, you had better go off, or I'll murder you ;" and he then again threw the prosecutrix doWti, who 'during the conversa tion had struggled and got up. Chilcot on this aimed a blow at the prisoner with his stick. The prisoner got up and turned upon - him with great ferocity. The poor girl clung round Chilcot, imploring him to protect her. He, it seems, was terrified at the prisoner's strength and via lence, and would not let her hold him. She found that this man wanted either strength or firmnes s to p rotect: her ; and she ran away as fast as she could, leaving Chilcot with the prisoner, trying to remonstrate with him. In :her agitation she ran the wrong way, and when she had ran about a mile she was overtaken by the prisoner, who had left Chileot He Said she was ping the wrong way.. She'did not belieVe him, and said she knew she was - going homewards. . He kept near her; when, on their coming to a lane, he said she must go that way. She said she would not. He took her in his arms and threw her over the gate. He then' dragged her along a piece of waste ground in an unfrequented place, threw her down, and endeavoured to accomplish his purpose. She resisted him with so much effect, that, from disappointment and rage, he beit• her-dreadfully, in the hopes that to preserve her.life she would yield. He struck her with both his fists on the eyes, so that she "said they appeared to dash fire. He knelt and trampled upon her, swearing that he would effect his purpose. Her face streaming with blood, she took a part of it in her hand, and showing it to him (it being moon l oo, asked him " haw he could have the heart to treat her so ?" He cursed her in the most brutal langtmge, dragged h er -t o t h e aide of the ,adjoining ri ver , and :Wore, he would throw her in. She implored his mercyi, and here something was abopt to be stated re specting the shilling (the subject of the former indict ment), but the Judge stopped it. He pulled her to a part of the ground where there was deep dirty water, almost mud, and throwing her down again, held her head under the water until site was nearly suffocated. The detail of this barbarous con duct was really shocking. It continued for several hours, until'half-past two in the morning ; she steadily persever itl in her resistance whenever he endeavoured to effect his object. She at length , heard a dog bark ; and in order to intimidate the prisoner, she called out " God be praised, here is my father." This had the desired effect, mid he left ; she being obliged to follow hint in order to see her way home. She went to her bed, which she kept for nearly three weeks, for the first two' or three days of which she was entirely blind. She underwent a strict cross . -examination ; hut nothing was extracted either to shake her evidence, or affect her character. She admitted that at the gate, after she had been overtaken by the prisoner, a man passed by, of whom she (doubting the prisoner) inquired which was 'the way to Frome. The prisoner answered with an oath, and the man went on apparently afraid of the prisoner.— When she got home, she was let in by her brother,, who seeing her in such a condition, asked her who had served her so. She made him no answer, but went to her bed; and told her father in the morninf. Chilcot, corroborated her testimony, as to what had passed Within his knowledge. Her brother and father proved the state in which she was when she came home. She was covered ,with mud; was without shoes, her bon;.. net was crushed, and her clothes torn to rags and strips. , Mr; Bush, a surgeon at Frome, said he attended the g i r l.: She was dreadfully beaten . and braised all over and ; her person showed marks of considerable violenee. There were deep scratches (apparently by a person'a nails) below her stomach. He thought she could see, though imperfectly, for the first two or three days. The prisoner called no witnesses; but his counsel, Mr. GUNNING, addressed the Jury, observing on the several facts, of her going with the prisoner, to whom she was a stranger; of her not appealing to the man at the gate, where she was with the prisoner, and must. have known his intentions; and her not informing her brother of what had' happened, when he let her in, on her return home. ' The Learned, Judge , in charging the jury, noticed the s e observations of th e defendant s Counsel. His Lordship, hoWever, did not throw any blame either on the prose cutrix for having walked with the prisoner, or on Chilcot, whO probably was not able to give the desired assistance. The Jury returned a verdict of Guilty. The prisoner's Counsel then submitted, that the •King'S pardon for the felony included the minor offem:e laid in the preient indict ment, the whole being one transaction. The JUDGE said he did not believe there was any weight in the objection ; but he should,. for other reasons, desire to postpone giving judgment until , Saturday. The prisoner was subsequently sentenced to two years' imprisonment, and hard labour. ACTION FOR SEDUCTION.--xvAxs BIILPIN This was an action brought by a father to recover com pensation in damages for the injury sustained in the loss of his daughter's services, through her seduction by the defendant. s ergeant Wad e l .(With whom were Mr. F. C. Wil , liaTi and. Mr . Erskine) stated the ease. The . plaintiff, Evans, was the father of other daughters. He had ad= . mitted into his house the defendant, who had arrived at a stifficient time of life to have a controul over hitnself.— That defendant destroyed his happiness. , The plaintiff was an innkeeper in the town of Bridgewater. The; de fen'dant was at a time of life when confidence might be reposed in him. He stood with an unimpeachable charac ter, and his station in life and reputation proved his fitness to be received in the character in which be came to the house of the plaintiff: The plaintiff had looked forward to in union between his daughter and the defendant as a source of happiness to all parties. The prospect was now al tered. The defendant had reduced the daughter to a state in which she had become an object of shaine and pity to all. Several coaches called at the plaintiff's house, some of e 4litt h e of those youn g t he m late at night, and this circumstance would gi ve t h e d e f en d a nt an opportunity of provin g t h at the p p laintiff son , et h nes permitted his daughters t o stay up whe n e a n d his wife, who were old, retired to bed.. But h c lenged the defendant to prove that either • ladies were ever suffered by their parents to rem UM up without twine other member of th e family. The Jury should decide, therefore, whether a man should treat every one who comes as a suitor to his daughter as a villain.— The defendant il.me as a suitor,be seduced the plaintiff's daughter to gratity his desires; she did so, became preg nant, and was deserted. The Jury would nottnd that the unhappy young woman was guilty of any errors, except those for which the defendan t was responsible. . He was confident, therefore that they would do justice under all those circumstances. Sarah Fume, a modest and inttr t e h ati o n i -l k o n ok it i years. H e h as paid I I I t f - k wo m an,ee; ea t was then sworn. She said-- My fa Bridgewater. I assisted him in th e b us i ness. I have atten tion to me for eight or nine years or m ore . H e fr e quently known the defendant 'lO or 1.1 visited at my father's, and was accepted as my suitor. About 1623 I first had reason to regret my intimacy with him. In April, 1824, I became a mother. My father has since been at the expence of maintaining the child. He paid the expellees of my accouchement. My father has seven other children. I have two brothers and five sisters. Since 1 had the misfortune of becoming pregnant, Mr. Bulpin has paid me many visits. Cross-examined—l have a sister married since 1e a. She used to sleep with me before her Marriage. I had no .connexion with Mr. Bulpin before' 1821. He 'never .visited me since 'my confinement. He visited me a week or two before it. My sister is married to a Mr. Way. She Was married in November, She and I were confined about the same time. Mr. Way visited at my father's house a year or more before his marriage with my sister. Mr. Bulpin sometimes visited so late us twelve or one o'clock at night. I once remember receiving a' message from him, and coming from my bed-room, to which I had retired, to see him. It has never happened theta signal was made to me, by throwing, something at the window. : . I also have an action against Mr. Bulpin, independent of the present action. Re-examined 7 -The other action is for. breach of pro mise of marriage. Mr. Bitlpiu was received by me on hotioMable terms. Lalways considered him myintended husband. I have sometimes sat up 'for the *Oliver of the coaches • souse of my family always remained up with - me. When I Went from my bed-rdom to Mr. Bulpin'it was reluctantly; I did not go upon the first message, -nor . until Mr. Bulpin sent to say he would not 'detain int more than a minute. My mother is living. I and about - twenty nine years Of age, Mr. Bulpin May be about thirty-three. William Evans, inn the son of the plaintiff and the brother of Sarah Evans. 1 know sir. Bulpin, who was u visitor at my father's house for many years. I have married his sister. He was received at my father's house as a visitor to my sister, being my hrother-in-law. I once went to Bulpin, end told him it was represented that he, was Scandalizing, my sister's character. This was before my sister's confinement. Bulpin's, reply was, that "he never scandalized my sister, nor had any occasion to do so, nor that . he. never intended to do so." But in is a grazier and jobber. Some time ago he rented land to the value of from 1,000/. to 1,400/. a year. He still possesses as much land, but I can't say what rent he jays. Mr. Busteas (with . whom . was Mr, cARTFA), then ad dressed the Jury for the defendant. He said there was no doubt that Cases often differed in fact front what they ap peared in the statement. The preSent case was an instance of this nature but it was alio one* those cases which he felt it was difficult for the Jury to look at with impartial feelings. He did not deny that Mr. Bulpin was dia father of the child, and therefore hi admitted that a verdict must pasS against the defendant. HoWever, when an attempt was Made to show the 011intirsTamily wan well regulated; he confessed lie thought it extremely singUlar that bath' the, sisters should be found in the seine situation nearly at the seine time. Sarah Evans' bad stated that her sister was married in November, and had a child in - the following 'April.. Now, however' such a circumstance might be deplored,it must be admitted that it Was a 'very extraordinary coincidence to have happened in the same family. lie did not mean to throw any aspersion upon the character of Miss Sarah Evans by this observatioit His client would not inflict an intentional or unnecessary injury upon her for any consideration. But when it was ',Hid 'that Mr. Bulpin had come to an age when he ought to be able to controul his feelings, he might be allowed to reniark that Miss Evans too had .arrived at an age when she Ought to have:been able to controul her passions.— To recur to the facts of the case. They had it in evi donee, that 'Miss Sarah Evans was visited by Mr. Bulpin up tiprthe period of her confinement. Now lie should call a witness to prove what was tie father's conduct a little stibiequent to that event. Would the Jury believe that the father had said he would never allow his daughter to marry Mr. Bulpin, and that if she did marry him, she should never enter his house again, nor would he ever own her as his daughter? He said, that he would ruin the de fendant by law, and that threat he was endeavouring to put in execution by multiplying:actions, This action wste nci sooner over,. than another would come on, in which Miss Evans would be the plaintiff. The father was more ,desi romi to indulge his own feelings than to consult the honour of his daughter.' Let the Jury recollect, that there was no evidence of any deliberate intention to seduce. Two per smut, of nearly the same age, were much together, and in au unguarded moment forgot themselves. Both parties were equally to blame. It was not like an aggravated case, where: arts were used by : the man t o seduce ,a girl . younger than himself.. It was a case of human frailty—of momentary forgetfulness, which had produced Most unfor tunate consequences, which the defendant" regretted as much as it was possible for any man: to do. Mr. Sergeant Warm said, he understood from his Learned Friend's address he intended to offer evidence of the immoral conduct of the plaintiff; but he aubmitted that such evidence was not admissible in a case like the preent. _ After some argument, the Learned Judge over-ruled the objection, and witnesses were called for the defence. John S. Carver said—l know both the , plaintiff and defendant. I also know Miss Sarah Evans. I recollect the time of her confinement. I visited Mr. Evans about that, time to,apeak to him concerning a marriage with Mr. Bulpin. Mr. Evans said he should be glad to have an arrangement, and was obliged to me for coming. At'that time he seemed perfectly willing to a marriage between Mr. Bulpin and hitt daughter. He said if he, Bulp . iia, would rece i ve d re s c o e rn iv e e would ful' m : ae act sr he n ‘b virE l t r ii rb n i )1 rY:litjtY da l h ) Evans a d i ha is iusg a hc i ht :o ill u "d' t re tt hrei fort night after. He then said he never would acknowledge . Bulpin as his son-in-law, nor ever give his daughter a farthing if she married him. On my first interview with Evans I wa si acCompanied by a Mr, Francis, who came to me the next morning, and told me something Evans had said, which induced me to decline interfering. I have heard Mr. Evans' say severed times that he would ruin Bulpin ray law if be could. John Silk said I am an officer of the Customs at Bridge water. In April, 18g5, I had a meeting at the Crown Inn,, with Mr. Evans. A person named George Eadles wits pre sent, as well as several other persons. The conversation commenced by a Mr. Knight's asking Evans, how he got. on with Miss Ply at the Wells Assizes P He replied, very well that he took pleasure in walking arm and arm with her opp os i te t h e h ouse w h en his wife and the rest of his witnesses were, so that his wife m' ht see her if s h e c h ose. Evans added, that h e tP°k Mi " . IY. to the Somerset Hotel, where some of his witnesses wsiffil that he introduced her to them, mid Wilted his gok f ici+tyy,-. to *bake hands with her, \Vial miloct fir t he said, he would grind hint to "hos- E‘ ll4 ? 4 i l l ,t a a here called Poker's Pint;. and he said he hept hi A s i t 7 ien A! . for his own Acton - it:timbal" and that ttf, f apti gave Ive afterwards observed that matt l g ib u e il r i t g y. to state such thine in Pnblit,""°."ri pithiat. He appeared this 4)14. 0111 -ti tm b y sot " a"b lo ' n4 were not in joke. a, then replied. found f tint plain.. is After a short consultation, the, Juryor v i ii t it h i e lc n at t e lak t e h th e t si1141.11Y111:E111"*Ilt,i:.ete:ov"iv, 041ii:1:ladurtitriltiltieefryloos perf m e r t:ti s y r igu rg b e e a r n , t a x n_ v d rit lt i i: obs7veit t ie. Damages-20a P O .ll PRESERVING THE TEE'rEI AND Gt7mb - ;. .. e - T 1, E It'S VEG ETA BLE To OTII . POWDER has so long been in general use,' . that i . t . is almost., unnecessary to offer any further recommendation or . it. p u . ° l- nposed of Vegehibles, without the admixture of any mine- T. at pernicious ingredient whatever, it is free from the usual °u3ection against the use Of - other Dentrifices. Its detersive Power is just sufficient to annihilate thoie destructive particles i w l llh adhere to the.Giiins and the Interstices of the Teeth ; ea ling injuries in the former, and promoting a' new Enatnel ( w °l 6 b e ar, it luis hem injured or corroded) on the latter. , It like° and if Imparts a firomeakand .healthy redness to the Owns.; to o ci a rc p. l4 oY used will preserve the Teeth in a sound state - Bo xes, at 2s. ltd. by Sold m Butlers, Chemists, 4, si d e,Cheap ,corner of St. peuri, London ; 44, Sukville-Ntreet, Dab -1111; and 714 Princes -street, Edinburgh-: S . avory and Co. 136, New Bond-street, and 229, Regent re' t k ; d rinci- Pal Medicine Venders .throughont diestUteti :in by the p 1 Kingdom. b_Osf,whoin may be had, Butler's superlot ie ! Silver-wired Tooth n 4., is. each ; and Butler's very fr agrant.liavencler Water, an nalf-pints, it :Is. fid. • _ (11.1 1 e careful to ask for :Butler'* Vegetable Tooth Powder. I•lll3aasißams,,,______